1994 (9) TMI 179 - AT - Central Excise

Summary

Issues: Valuation of goods involving fixation/application charges, trade discounts, and cost forwarding charges.

The judgment dealt with appeals involving common valuation issues related to the assessable value of goods. The first issue concerned the inclusion of fixation/application charges in the assessable value of a chemical product used in steel manufacturing. The jurisdictional Assistant Collector had ordered the addition of these charges to the assessable value, considering them as enhancing the marketability of the product. The appellants argued that these charges were post-removal expenses and should be excluded from the assessable value. They relied on a Stay Order by the Tribunal and a precedent from the Bombay High Court. The Tribunal agreed with the appellants, noting that the charges were optional and not compulsory, thus excluding them from the assessable value.

The second issue revolved around trade discounts offered by the appellants. The Assistant Collector disallowed varying discounts offered to different customers, deeming them inadmissible for inclusion in the assessable value. The Collector (Appeals) acknowledged that different rates of discounts were permissible under the law but emphasized the need for evidence to substantiate the commercial considerations behind varying discounts. The appellants failed to provide such evidence, leading to the upholding of the Assistant Collector's decision regarding the trade discounts.

Regarding the third issue of cost forwarding charges, the Assistant Collector had added these charges to the assessable value, albeit the appellants did not challenge this before the Collector (Appeals). The judgment noted the lack of evidence to prove that these charges were in the nature of transport charges, which could have made them deductible from the assessable value. Consequently, the orders of the lower authorities were upheld, except for the exclusion of fixation/application charges from the assessable value based on the optional nature of these charges and lack of evidence supporting their inclusion.